Appointment of Agent for Service of Process and Undertaking (f-x)
December 14 2020 - 4:38PM
Edgar (US Regulatory)
UNITED STATES SECURITIES AND EXCHANGE
COMMISSION
WASHINGTON, D.C. 20549
FORM F-X
APPOINTMENT OF AGENT FOR SERVICE OF PROCESS
AND UNDERTAKING
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A.
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Name of issuer or person
filing (“Filer”):
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NEOVASC INC.
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B.
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(1) This is an (check
one):
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x
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original filing for the
Filer.
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¨
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amended filing for the
Filer.
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(2) Check the following box
if you are filing the Form F-X in paper in accordance with Regulation S-T Rule 101(b)(9): ¨
C.
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Identify the filing in conjunction with which this Form is being filed:
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Name
of registrant:
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NEOVASC
INC.
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Form
type:
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Registration
Statement on Form F-10
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File
Number (if known):
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333-251330
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Filed
by:
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NEOVASC
INC.
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Date
Filed (if filed concurrently, so indicate):
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December
14, 2020 (filed concurrently)
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D.
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The Filer is incorporated or organized under the laws of:
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Canada
and has its principal place of business
at:
Suite 5138 – 13566 Maycrest Way
Richmond, British Columbia, Canada,V6V
2J7
(604) 270-4344
E.
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The Filer designates and appoints CT Corporation System (“Agent”) located at:
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28 Liberty Street
New York, NY 10005
(212) 894-8940
as the agent of the Filer upon whom may be served any process,
pleadings, subpoenas, or other papers in:
(a) any
investigation or administrative proceeding conducted by the Commission; and
(b) any
civil suit or action brought against the Filer or to which the Filer has been joined as defendant or respondent, in any appropriate
court in any place subject to the jurisdiction of any state or of the United States or of any of its territories or possessions
or of the District of Columbia, where the investigation, proceeding or cause of action arises out of or relates to or concerns
any offering made or purported to be made in connection with the securities registered or qualified by the Filer on Form F-10 on
the date hereof, or any purchases or sales of any security in connection therewith. The Filer stipulates and agrees that any such
civil suit or action or administrative proceeding may be commenced by the service of process upon, and that service of an administrative
subpoena shall be effected by service upon such agent for service of process, and that service as aforesaid shall be taken and
held in all courts and administrative tribunals to be valid and binding as if personal service thereof had been made.
F. The
Filer, in connection with the use of Form F-10, stipulates and agrees to appoint a successor agent for service of process and file
an amended Form F-X if the Filer discharges the Agent or the Agent is unwilling or unable to accept service on behalf of the Filer
at any time until six years have elapsed from the date the issuer of the securities to which such Forms and Schedules relate has
ceased reporting under the Exchange Act. The Filer further undertakes to advise the Commission promptly of any change to the
Agent’s name or address during such period by amendment of this Form, referencing the file number of the Form F-10 in conjunction
with which the amendment is being filed.
G. The
Filer undertakes to make available, in person or by telephone, representatives to respond to inquiries made by the Commission staff,
and to furnish promptly, when requested to do so by the Commission staff, information relating to the Form F-10, the securities
to which the Form F-10 relates; and the transactions in such securities.
The Filer certifies that it has duly caused this power of attorney,
consent, stipulation and agreement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Richmond,
Province of British Columbia, Country of Canada, on this 14th day of December, 2020.
Filer:
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NEOVASC INC.
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By:
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/s/ Chris Clark
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Name: Chris Clark
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Title: Chief Financial Officer
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This statement has been signed by the following person in the
capacity and on the date indicated.
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CT CORPORATION SYSTEM
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(Agent for Service)
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By:
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/s/ Olga Hinkel
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Name: Olga Hinkel
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Title: Associate Director
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Date: December 14, 2020
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